Court briefs

September 13, 2005|by Pepper Ballard

Woman charged in assault being assessed

A Hagerstown woman was found not criminally responsible Monday in Washington County Circuit Court after she pleaded guilty to second-degree assault in connection with kicking and scratching a Hagerstown Police Department officer in October 2004.

Circuit Judge W. Kennedy Boone III ordered that Francy Christina Millburn be sent to the Thomas B. Finan Center to complete an "inpatient dangerousness assessment," court documents state. She was evaluated by the Department of Health and Mental Hygiene before the court hearing to determine whether she was criminally responsible for the Oct. 20 assault, court records state.

Charging documents give the following account of the assault: Millburn, 33, of no fixed address, was found sitting on soda containers, yelling and screaming obscenities at people, in front of Sheetz at 1396 S. Potomac St., on Oct. 20, 2004, by Officer Wayne Hose. Millburn told Hose she was waiting for a ride. When Hose asked for information about who was giving her that ride, Millburn said, "You are going to have to take me out of here if you want me to leave."

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She was told she would be placed under arrest. Another officer came to help Hose, but when the two officers attempted to put Millburn's arm's behind her back, she struggled, and kicked Hose in the groin and legs, documents state. Once she was placed in Hose's cruiser, she began banging her head on the passenger rear window and kicked the window, eventually causing it to shatter, police alleged in charging documents. She was placed in another cruiser, documents state.

Man sentenced in assault case

A 67-year-old man who was an Avalon Manor Health Care resident was sentenced Monday in Washington County Circuit Court to serve 18 months in jail for inappropriately touching another resident, a 20-year-old man who communicates by blinking, according to court documents.

Ronald Lee Jackson, 67, whose address is listed on charging documents as Avalon Manor, 14014 Marsh Pike, pleaded guilty Aug. 15 to second-degree assault in the January 2005 incidents. A psychosexual evaluation was ordered at the time of his plea hearing, according to court documents.

Circuit Judge W. Kennedy Boone III ordered Jackson to serve three years in prison, but suspended all but 18 months of the sentence. He ordered that Jackson serve three years of unsupervised probation upon his release, court documents state.

The 20-year-old's mother discovered Jackson in her son's room beside his bed with his hands near her son's genital area on Jan. 24, documents state. When interviewed by a Sheriff's Department investigator, Jackson said he "was a registered nurse and knew how to care for someone in (the man's) condition," documents state.

Jackson told the investigator that he rubbed the man's hands, fingers and legs, but did not touch his genital area, as the man's mother alleged, documents state.

Jackson later told the investigator he touched the man about three times in his private area, documents state. When the 20-year-old was asked by his mother if Jackson touched him, the man "blinked his eyes twice, which means yes," documents state.